I.. I
NEYGENERAL
0eT~x~s
Hon. Gibb Gilchrist, President
Agricultural and Mechanical
College of Texas
College Station, Texas Opinion No. V-188
Re : Receipt of Tuition and
Fees by State Institu-
tions of Collegiate
Rank from the Veterans
Dear President Gilchrist : Administration.
Your request for opinion presents the fol-
lowing questions:
“(1) What State educational institu-
tions are ‘institutions of collegiate rank’
within the meaning of Sections 1 and 4 of
Article 2654b-1 of the Revised Civil Stat-
utes of Texas?
“( 2)’ May State institutions of colle-
giate rank in Texas lawfully charge and re-
ceive payment of tuition and fees on account
of honorably discharged veterans for train-
ing under the provisions of Public Law No.
16, 78th Congress, approved March 24, 1943,
or Public Law No. 346, 78th Congress, ap-
proved June 22, 1944, for the period be-
tween May 15, 1943, the effective date of
Section 3 of Article 2654b-1 of the Revised
Civil Statutes of Texas, and September 4,
1945, the effective date of Section 4 of
Article 2654b-1 of said statutes?
“(3) If the above-mentioned institu-
tions of collegiate rank may now lawfully
charge and require, or lawfully receive
payment of tuition and/or certain fees
for education or training of the persons
mentioned in (2) above during the period
of time therein mentioned, are there any
fees which such institutions may lawfully
charge and require or lawfully receive
. .’
Hon. Gibb Gilchrist, Page 2, V-188
payment for, as to such persons during
said Eeriod and, if so, what are said
fees?
The answer to your first question may be
found in the various separate statutes concerning
State educational institutions to which you should
refer with reference to any particular institution
is determining whether or not it offers college
courses. For the purposes of this opinion, it is
believed that the words “institutions of collegiate
rank” are synonymous with the words “State educa-
t ional inst it ut ions ” as used in Article 2654a, and
at least include all of such listed institutions as
follows :
“Sec. 3. The words ‘State educa-
tional institutions’ as used in this Act
shall Include the following and any branch
thereof: The University of Texas; the Ag-
ricultural and Mechanical College of Texas;
the various State teachers’ colleges of Texas;
the College of Industrial Arts of Texas; the I
John Tarleton Agricultural College of Texas;
the North Texas Agricultural College; the
Prairie View State Normal and Industrial
College ; the Texas Technological College;
and any other State educational institu-
tions either heretofore provided for or
hereafter to be provided for under the laws
of this State. ”
Your second question presents the problem
of whether such educational institutions may receive
payments for tuition and fees of veterans of World
War II who attended such schools under Public Law
No. 1.6 and Public Law No. 346 of the 78th Congress
for the period between May 15, 1943, and September
4,1945. This question is submitted In view of the
Act passed by the 48th Legislature in 1943 adding
Section 3 to Article 2654b-1 to extend previous
World War I tuition and fee exemptions in state col-
leges to veterans of World War II, reading as fol-
lows:
“Sec. 3. All of the above and fore-
going provisions, conditions and benefits
hereinabove in this Article provided for
Hon. Gibb Gilchrist, Page 3, V-188
In Section 1 and in Sect Ion 2 shall apply
and accrue to the benefit of all nurses,
members of the Women’s Army Auxilary Corps,
Women’s Auxiliary Volunteer Earergancy Ser-
vice, and all msmbsrs of the United States
Army or of the United States Navy or the
United States Coast Guard, who have or
are now serving, or who may after the pas-
sage of this Act, serve in the armed forces
of the United States of America during the
present World War Number II, being the war
now being prosecuted, and which was enter-
ed into on or shortly after December 7,
1941, by the United States of America a-
gainst what are commonly known as the Axis
Powers; provided, further, that all the
above and foregoing persons named have
been honorably discharged from the ser-
vices in which they were engaged. And
provided further, that the benefits and
provisions of this Act shall also apply
and inure to the benefit of the children
of members of the United States Armed
Forces, where such members were killed in
action or died while in the service. The
provisions of this Act shall not apply to
or include any memhar of such United States
Amed Forces, or other persons hereinabove
named, who were discharged from the ser-
vice in which they were engaged because
of being over the age of thirty-eight (38)
years or because of a personal request on
the part of such person to be discharged
from such service.
“Other than as amended herein, pre-
sent Article 265413-l Is hereby reenacted
and shall In all things continue in full
force and effect subject only to the ad-
dition of the above section to be known
as Section 3.”
This Section stood alone until Section 4
was added by the 49th Legislature, effective Septem-
ber 4, 1945. As shown by the original Act, Article
2654b-1, V, C, S., the veterans described therein
and in Section 3 above quoted are exempt from the
payment of all dues, fees, and charges ordinarily
made by State Institutions other than library and
.
Hon. Gibb Gilchrist, Page 4, V-188
laboratory deposits, and charges for lodging, board,
or clothing.
The above exemptions are personal to the
veterans and do not prohibit the State institutions
Prom receiving payment of tuition and fees from the
Veterans Administration or any other Federal agency.
Neither Is there anything in this Act which prohibits
submission of charges, or statement of such tuition
and fees to the Veterans Administration or any other
Federal agency which operates a program of education-
al training benefits In cooperation with or by grants
to the State institutions.
This interpretation is in. complete harmony
with Public Law NO, 16 and Public Law No. 346, 78th
Congress, together with amendments thereto and in-
terpretations and instructions issued thereunder by
the Veterans Administration. In setting up Federal
programs for educational and training assistance to
veterans, Congress provided for payment of certain
tuition and fees to educational Institutions and
recognized that many of the veterans would elect to
receive such education and training in State supported
institutions, some of which have no established tu&
t ion rates, and many of which have t uitlon and fee
rates less than the amounts necessary to cover the
costs of such education and training. Provision was
made to cover such situations in Public Law No, 346
in the following words:
“And provided further, That if any
such institution has no established tui-
tion fee, or If its established tuition
fee shall be found by the Administrator
to be inadequate compensation to such ln-
st itut ion for f urnishlng such education
or training, he is authorized to provide
for the payment, with respect to any such
of such fair and reasonable com-
~tZZ;on as will not exceed $500 for an
ordinary school year. ”
Under the above quoted authority from Con-
gress, the Veterans Administration set up certain
methods of arriving at the rate of tuition and fees
which will be paid to State and other IUstitUtions
having no established tuition and fees or whose
,., .
Hon. Gibb Gilchrist, Page 5, V-188
established tuition ana fees are found by the Aamin-
istrator of Veterans Affairs to be inadequate
. . com-
__
pensation for furnishing such education or tralolng.
See Veterans Administration Instruction No. 6, Title
II, P. L. 346, 78th Congress, April 17, 1945. It
will be noted that such charges and payments are not
made directly to the veteran but are made to the eQ-
ucatlonal institution.
Therefore, it is our opinion that Texas ed-
ucational institutions may lawfully submit statement
of charges and reaeive payment of tuition and fees
from the Veterans AdminWtration for any veterans
who attend such institutions under the provisions of
Public Law 16 as amenfled and Public law No. 346 as
amended, aad that Section 3, Artiqle 2654b-1 did
not prohibit such act ion between May 15, 1943, and
September 4, 1945, the effective date of Section 4,
which was added by the 49th Lsgislature to clarify
any doubt that might exist about the matter.
Having answered questions 1 and 2 as above,
your request calls for no answer to question 3.
SUMMARY
State educat lonal institutions of col-
legiate rank may submit statement for and
receive payments of tuition and fees on ac-
count of World War II veterans who attend
such institutions under Public Law No. 16
and Public Law No, 346 (Go I. Bill) of the
78th Congress O
Yours very truly,
Price Da& 1
PD:eb:mrj Attorney General